Supreme Court of India
Podyami Sukada v. State of M.P. (now Chhatisgarh)
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From the headnote
Penal Code, 1860 - s. 302 - Homicidal death of mother by son - Extra-judicial confession made by son in presence of witnesses and recovery of weapon at his instance - Conviction and sentence uls. 302 by courts below - On appeal, held: Witnesses to the extra judicial confession declared hostile by prosecution, thus does not inspire confidence - It cannot be held with certainty that any extra judicial confession in fact was made by son-accused - Conviction cannot be sustained merely on the ground of recovery of weapon of crime at the instance of accused - Thus, accused granted the benefit of
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